[§481R-13]  Enforcement.  (a)  The
commissioner may take any action necessary or appropriate to enforce this
chapter, and the rules adopted and orders issued hereunder, which is consistent
with the provisions of this chapter.  The commissioner may conduct
investigations and examinations of warrantors, administrators, insurers, or
other persons.  If a warrantor has violated this chapter, or rules or orders
under this chapter, the commissioner may issue an order:



(1)  Requiring a person to cease and desist from
violating this chapter or rules or orders under this chapter;



(2)  Prohibiting a person from selling or offering for
sale vehicle protection product warranties in violation of this chapter;



(3)  Imposing a civil penalty on a person, in addition
to attorneys' fees and costs incurred in the investigation and prosecution of a
violation of this chapter, as follows:



(A)  For persons acting negligently or
recklessly, not more than $5,000 per violation; or



(B)  For persons acting intentionally or
knowingly, not more than $10,000 per violation.



The terms "negligently",
"recklessly", "knowingly", and "intentionally"
shall have the meanings provided in section 702-206; or



(4)  Any combination of the foregoing, as deemed
appropriate by the commissioner.



(b)  A person aggrieved by an order under this
section may request a hearing before the commissioner, conducted subject to
chapter 91.  The hearing request shall be filed with the commissioner within
twenty days of the effective date of the commissioner's order.  Upon filing of
a hearing request, the order shall be suspended from its effective date, until
completion of the hearing and final decision of the commissioner.  At the
hearing, the commissioner shall have the burden of proof to show that the order
is justified.



(c)  The commissioner may bring an action in
any court of competent jurisdiction for an injunction or other appropriate
relief to remedy threatened or existing violations of this chapter, rules
established pursuant to this chapter, or orders of the commissioner.  An action
filed under this section may also seek restitution on behalf of persons
aggrieved by a violation of this chapter, rules established pursuant to this
chapter, or orders of the commissioner. [L 2002, c 237, pt of §1]